Mackenzie Valley Resource Management Act (S.C. 1998, c. 25)

Marginal note:Certificate

• 144.29 (1) The federal Minister may issue a certificate of non-payment certifying the unpaid amount of any debt referred to in subsection 144.28(1).

• Marginal note:Registration

  (2) Registration in any court of competent jurisdiction of a certificate of non-payment has the same effect as a judgment of that court for a debt of the amount specified in the certificate and all related registration costs.

General

Marginal note:Authenticity of documents

144.3 In the absence of evidence to the contrary, a document that appears to be a notice issued under subsection 144.16(1) is presumed to be authentic and is proof of its contents in any proceeding in respect of a violation.

Marginal note:Publication related to violation

• 144.31 (1) Subject to subsection (2) and any regulations, the board that received a copy of the notice of violation under subsection 144.16(3) — whether acting as a review body or not — may make public the nature of a violation, the name of the person who committed it and the amount of the penalty.

• Marginal note:Restriction of publication

  (2) The board may only make that information public if

  • (a) the person named in the notice of violation has paid the penalty set out in the notice;

  • (b) the person has not requested a review within the period referred to in section 144.21; or

  • (c) the review body has determined that the person who requested the review committed the violation.

PART 5.2Regional Studies

Committee Studying Impact of Works and Activities

Marginal note:Establishment

• 144.32 (1) The federal Minister may establish a committee to conduct a study of the impact of existing or future works or activities carried out in a region of the Mackenzie Valley.

• Marginal note:Appointment of members

  (2) The federal Minister shall appoint one or more persons as members of the committee.

• Marginal note:Mandate

  (3) The federal Minister shall establish the committee’s terms of reference after seeking and considering the advice of the territorial government and, if the study examines works or activities affecting any first nation or the Tlicho First Nation, the advice of that first nation or the Tlicho Government, as the case may be.

Marginal note:Conflict of interest

• 144.33 (1) A person shall not be appointed, or continue, as a member of the committee if doing so would place them in a material conflict of interest.

• Marginal note:Status or entitlements under agreement

  (2) A person is not placed in a material conflict of interest merely because of any status or entitlement conferred on them under the Gwich’in Agreement, the Sahtu Agreement, the Tlicho Agreement or any other agreement between a first nation and Her Majesty in right of Canada for the settlement of a land claim.

Marginal note:Other participants in study

144.34 The federal Minister, if he or she considers it appropriate, may enter into an agreement or arrangement with any person or body that possesses knowledge or expertise that is relevant to the study to participate in the study.

Marginal note:Elements to consider

144.35 In conducting its study, the committee shall consider any traditional knowledge and scientific information that is made available to it.

Marginal note:Information

144.36 Subject to any other federal or territorial law, the committee may obtain, from any board established by this Act or from any department or agency of the federal or territorial government, any information in the possession of the board, department or agency that is required for it to conduct its study.

Joint Committee

Marginal note:Establishment

144.37 If the federal Minister is of the opinion that it is appropriate to conduct a study of the impact of existing or future works or activities carried out in a region of the Mackenzie Valley and in a region contiguous to it, the federal Minister may enter into an agreement or arrangement with an authority responsible for the examination of environmental effects in that region respecting the establishment of a joint committee to conduct the study and the manner in which the study is to be conducted.

Report

Marginal note:Report to federal Minister

144.38 On completion of its study, the committee or joint committee shall provide a report to the federal Minister, who shall make it available to the public.

Marginal note:Consideration of report

144.39 The report must be considered in the exercise or performance under this Act of any powers, duties or functions of the boards established under subsections 36(1), 38(1), 54(1), 56(1), 57.1(1) and 99(1), the Mackenzie Valley Environmental Impact Review Board, its review panels, or a review panel or a joint panel established jointly by the Review Board and any other person or body, and of any body conducting a preliminary screening of a proposal for a development under section 124.

PART 6Environmental Monitoring and Audit

Marginal note:Definitions

145 The definitions in this section apply in this Part.

impact on the environment

impact on the environment has the same meaning as in Part 5. (répercussions environnementales)

responsible authority

responsible authority means the person or body designated by the regulations as the responsible authority or, in the absence of a designation, the federal Minister. (autorité compétente)

Marginal note:Cumulative environmental impact

146 The responsible authority shall, subject to the regulations, analyze data collected by it, scientific data, traditional knowledge and other pertinent information for the purpose of monitoring the cumulative impact on the environment of concurrent and sequential uses of land and water and deposits of waste in the Mackenzie Valley.

Marginal note:Consultation with first nations and Tlicho Government

• 147 (1) A responsible authority that is a minister of the Crown in right of Canada shall carry out the functions referred to in section 146 in consultation with the first nations and the Tlicho Government.

• Marginal note:Role of first nations and Tlicho Government

  (2) Where a responsible authority is other than a minister of the Crown in right of Canada, the Gwich’in and Sahtu First Nations and the Tlicho Government are entitled to participate in the functions referred to in section 146 in the manner provided by the regulations.

Marginal note:Environmental audit

• 148 (1) The federal Minister shall have an environmental audit conducted at least once every five years by a person or body that is independent.

• Marginal note:Terms of reference

  (2) The federal Minister shall, after consulting the Gwich’in First Nation, the Sahtu First Nation, the Tlicho Government and the territorial government, fix the terms of reference of an environmental audit, including the key components of the environment to be examined.

• Marginal note:Content of audit

  (3) An environmental audit shall include

  • (a) an evaluation of information, including information collected or analyzed under section 146, in order to determine trends in environmental quality, potential contributing factors to changes in the environment and the significance of those trends;

  • (b) a review of the effectiveness of methods used for carrying out the functions referred to in section 146;

  • (c) a review of the effectiveness of the regulation of uses of land and water and deposits of waste on the protection of the key components of the environment from significant adverse impact; and

  • (d) a review of the response to any recommendations of previous environmental audits.

• Marginal note:Report of audit

  (4) A report of the environmental audit, which may include recommendations, shall be prepared and submitted to the federal Minister, who shall make the report available to the public.

• Marginal note:Participation by first nations and Tlicho Government

  (5) The Gwich’in and Sahtu First Nations and the Tlicho Government are entitled to participate in an environmental audit in the manner provided by the regulations.

Marginal note:Information

149 Subject to any other federal or territorial law, a responsible authority or a person or body who performs an environmental audit may obtain, from any board established by this Act or from any department or agency of the federal or territorial government, any information in the possession of the board, department or agency that is required for the performance of the functions of the responsible authority or person under this Part.

Marginal note:Regulations

150 The Governor in Council may, after consultation by the federal Minister with affected first nations, the Tlicho Government and the territorial Minister, make regulations for carrying out the purposes and provisions of this Part and, in particular, regulations

• (a) respecting the collection of data and the analysis of data so collected and scientific data, traditional knowledge and other information, for the purposes of section 146;

• (b) designating a person or body as the responsible authority for the purposes of this Part; and

• (c) respecting the manner of participation of the Gwich’in and Sahtu First Nations and the Tlicho Government in the functions of a responsible authority that is not a minister of the Crown or in an environmental audit.

PART 7Transitional Provisions, Consequential Amendments and Coming into Force

Transitional Provisions

151 [Repealed, 2014, c. 2, s. 232]

Marginal note:Existing rights and interests

152 Rights to the use of land under any lease, easement or other interest in land that was granted under the Territorial Lands Act or the regulations made under that Act, or under any territorial law, and that exist on December 22, 1998, with respect to a settlement area, or on March 31, 2000, with respect to any other portion of the Mackenzie Valley, continue in effect, subject to the terms and conditions of exercising those rights.

Marginal note:Existing licences continued

153 Licences issued under the Northwest Territories Waters Act respecting a use of waters or deposit of waste in a settlement area that exist on December 22, 1998 — and, respecting a use of waters or deposit of waste in another portion of the Mackenzie Valley, that exist on March 31, 2000 — continue in effect and are deemed to be licences within the meaning of Part 3.